There's Widespread Reporting Of Court Proceedings; Judges Should Exercise Due Restraint While Making Observations: Supreme Court

The Supreme Court cautioned judges that they should should exercise due restraint and responsibility in the observations which are made in the course of proceedings.

It said that, nowadays, there is widespread reporting of every proceeding which takes place in the Court, particularly in the context of live streaming.

The Court said thus in the order passed in the suo motu writ petition against the Punjab and Haryana High Court order dated July 17, criticizing a stay order passed by the Apex Court in contempt of court proceedings.

The court noted that a video is circulating indicating random, gratuitous and unwarranted remarks made by Justice Rajbir Sehrawat during the course of the hearing.

In this context, the bench of Chief Justice DY Chandrachud, Justice Sanjiv Khanna, Justice Surya Kant, Justice BR Gavai, and Justice Hrishikesh Roy said: In an age where there is widespread reporting of every proceeding which takes place in the Court, particularly in the context of live streaming which is intended to provide access to justice to citizens, it is all the more necessary that Judges should exercise due restraint and responsibility in the observations which are made in the course of proceedings.

The Court noted that the observations made by the Judge can cause incalculable harm to the sanctity of the judicial process. 

"We hope and trust that circumspection shall be exercised in the future.. The observations tend to bring the entire judicial machinery into disrepute. This affects not only the dignity of this Court, but of the High Courts as well.", it said.

While expunging the observations made by the Judge in his order, the court made the following observations:

Compliance with the orders passed by the Supreme Court is not a matter of choice, but a matter of bounden constitutional obligation, bearing in mind the structure of the Indian legal system and the authority of the Supreme Court which heads the process of judicial adjudication of the country.

In passing its orders, this Court discharges its plain duty. Parties may be aggrieved by an order. Judges are never aggrieved by an order which is passed by a higher constitutional or appellate forum.

Whether individual judges are in agreement with the merits or otherwise of an order passed by a superior court is besides the point. Every Judge is bound by the discipline which the hierarchical nature of the judicial system imposes within the system.

The court said that it is not inclined to issue notice to the judge. Doing so would place the Judge in a situation of being subject to a judicial adjudication or inquiry by this Court, which we are inclined to desist from doing, at this stage, it added.

Case title: In Re Order Of Punjab And Haryana High Court Dated 17.07.2024 And Ancillary Issues 2024 INSC 594

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